ADVERTISING AGENCY AGREEMENT
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I ADVERTISING AGENCY AGREEMEJr
THIS AGREEMENT, is made this~ day of &t-:l~d.A/, 1996, by and between
the CITY OF CLEARWATER, FLORIDA, (City), P.O. Box 4748, Clearwater, Florida 34618-
4748, a municipal corporation, and Peak, Barr, Petralia, Biety, Inc. (Agency), 1715 North
Westshore Boulevard, Suite 450, Tampa, Florida 33607, a corporation duly organized and
existing under the laws of Florida.
WHEREAS, City selected Agency to provide Advertising Agency Services pursuant to
Request for Proposal 175-96 (Exhibit A);
WHEREAS, Agency agrees to act as City's advertising agent under the terms and
conditions in this agreement and Agency's Response to Request for Proposal 175-96;
NOW THEREFORE, the City and Agency do mutually agree as follows:
1. Scope of Project
Agency agrees to act as City's advertising agency of record and shall be
proficient in media research, planning and buying, public relations consulting and
execution, creative and production, marketing consultation and research. Creative
projects include, but are not limited to, radio and television commercials, direct mail
and fulf1llment, print advertising, literature and special promotions as required by the
City.
2. Term
Agency agrees to act as City's advertising agent beginning with the date of
execution of this agreement and ending September 30, 1999. City and Agency agree
that all funding for this agreement is subject to annual budget review and approval by
the Clearwater City Commission. Either party may terminate this contract with sixty
(60) days written notice to the other party. Upon receipt of notice of termination,
Agency shall not commence work on any new advertisements, but it shall complete and
place all advertisements previously approved by City. City shall have no further
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obligations to Agency under this agreement except for the payment for the completion
of all approved advertising.
3. Compensation
City agrees to reimburse Agency for all costs incurred and expenditures made
on behalf of City for advertising approved by the City Project Manager as specified
below:
(a) Agency shall receive a commision of fifteen percent (15%) of the gross
charges for all media space, time, facilities and production approved by
the City Project Manager.
(b) Agency shall receive the standard hourly rates described in Exhibit B
for all Agency staff time services.
(c) Agency shall provide advance estimates to the City Project Manager
for all advertising costs and expenditures. All public relations services
shall be paid by City at Agency's cost as detailed in the billing
procedures.
(d) City agrees to reimburse Agency for costs incurred for reasonable
administrative expenses, including but not limited to, travel, lodging,
messenger service, postage, shipping, photocopies, and long distance
telephone charges. All costs for reimbursement must be itemized and
billed to a City approved project and are subject to the City Project
Manager's review and approval. Agency agrees that it will not be
reimbursed for travel and administrative expenses to or from City's
offices in Clearwater, Florida.
4. Billing Procedures
Agency shall use the progress billing system approved by the City Finance
Department and agrees to bill City monthly for all charges incurred during the
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preceding month. Monthly bills will be forwarded to the City Project Manager for
approval and payment. The final billing for each project will carry a swnmary of all
previous billing and payments received by Agency. City shall be entitled to proof of
payment of all sums expended on behalf of City. City shall have the right to examine
the books and records of Agency in regard to the City's account at all reasonable times.
City agrees to make payments pursuant to the Florida Prompt Payment Act, Florida
Statutes, Section 218.70.
5. Reports
Agency agrees to provide to City reports on all projects upon request by the
City. All reports shall comply with City's recycled and recyclable products code
requirements, Clearwater Code, Section 2.601.
6. Project Managers
Agency agrees to designate Glen C. Peak as the Project Manager and to
supervise the performance of this agreement on behalf of the Agency. Agency agrees
that Project Manager shall provide appropriate staff members with experience and
qualifications necessary to complete all projects on behalf of the City. The City Project
Manager will be Jeffrey Harper or his designee for all matters relating to this
agreement.
7. Indemnification and Insurance
Agency agrees to protect, defend, indemnify and hold the City and its officers,
employees, and agents harmless from any and all losses, penalties, damages,
settlements, costs, charges, professional fees or other expenses or liabilities of every
kind and character arising out of or due to any negligent act or omission of Agency or
its employees or subcontractors in connection with or arising directly or indirectly out
of this agreement and/or the performance hereof. Without limiting its liability under
this agreement, Agency shall procure and maintain during the life of this agreement
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Advertising Agency Liability Insurance (Errors and Omissions) with minimum limits of
one million dollars ($1,000,000) per occurrence. This provision shall survive the
termination of this agreement and any amendments.
8. Public Records Law
Agency agrees to comply with all requirements of Florida Public Records Law
and that any and all contracts, correspondence, books, accounts and other sources of
information relating to City's business shall be available for inspection at its offices by
City's authorized representatives during ordinary business hours upon reasonable notice
to Agency.
9. Proprietary Materials
Upon termination of this agreement, Agency shall transfer, assign and make
available to City or its representative all property and materials in Agency's possession
or control belonging to City and paid for by City. Agency also agrees to give all
reasonable cooperation toward transferring all contracts and arrangements with others
for advertising materials yet to be used, upon being released from obligations hereof.
However, at termination, unused or unpublished advertising plans and ideas prepared
by Agency and not paid for by City shal1 remain Agency's property regardless of
whether or not the physical embodiment of the creative work is in City's possession or
is in the form of copy, artwork, plates, etc.
10. Attorney's Pees
The parties agree that this agreement sets forth the entire agreement between
the parties and no representations or promises not specifically set forth herein shall
affect the duties or liabilities of either party. Parties further agree that if either party
seeks to enforce this agreement through attorneys at law, then each party shall bear its
own attorney's fees and costs for such enforcement, and jurisdiction for such actions
shall be in a court of competent jurisdiction in PineUas County, Florida.
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(SIGNATURE PAGE FOR AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND PEAK, BARR, PETRALIA, BIETY, INC.)
IN WITNESS WHEREOF, the City and Agency have executed this agreement
on the date first above written.
CITY OF CLEARWATER, FLORIDA
ta Garvey
Mayor-Commissioner
By: ~4'f~
Eliza eM. D tula
City anager
Approved as to form and
legal sufficiency:
~~=
Carassas
Assistant City Attorney
Attest:
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J~ynthi E. udeau ..-' -
1) City Clerk, -
PEAK, B lA, BiETY.JNC.
(Agency)
Attest:
By:
Secretary
s: \jskinner\advertis. agt
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CITY OF CLEARWATER
REQUEST FOR PROPOSAL 175-96
FOR
ADVERTISING AGENCY SERVICES
ISSUE DATE:
July 15, 1996
SEALED PROPOSALS WILL 4:00 P.M., August 5, 1996
BE RECEIVED UNTIL: and then publicly opened.
All proposals (one original and seven copies)
must be returned in a SEALED ENVELOPE
clearly marked on the front "Proposal 175-96. "
ALL INQUIRIES FOR George McKibben, Purchasing Manager
INFORMATION SHOULD BE Fax (813) 562-4635
DIRECTED IN WRITING TO:
HAND DELIVERY, MAIL, City of Clearwater, Purchasing Division
OR EXPRESS MAIL SEALED 100 So. Myrtle Avenue
PROPOSALS: Clearwater, Florida 34616
EXHIBIT A
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1.0 PURPOSE AND INTRODUCTION
The City of Clearwater, with a population of 100,000+ full time residents, is located on
Florida's west coast, just north of St. Petersburg and west of Tampa, With one of the most
beautiful stretches of public beach anywhere on the Gulf, the local economy relies heavily on
tourism and related service industries.
The City is soliciting bids for a juU senke advertising agency, who would work on a project
basis, for various City departments including, but not limited to: Tourism, Clearwater Gas
System, Public Works, Information ManagementlPublic Information; Economic Development,
Marina and Parks and Recreation.
2.0 TIME AND DATE DUE
The City of Clearwater will receive proposals until 4:00 pm August 5, 1996.
3.0 DELIVERY REQUIREMENT
The delivery of submissions to the City of Clearwater Purchasing Office prior to the specified
date and time is solely and strictly the responsibility of the vendor. Proposals received after the
above stated date will not be considered.
Ten (10) copies of subIllissioDS of all the information requested in this RFP sball be submitted ,
clearly marked on the outside "RFP # 175-96" to the attention of the City's Purchasing
Manager, George McKibben, City of Clearwater, PO Box 4748, Clearwater, FL 346184648
or delivered to 100 S. Myrtle Avenue, Clearwater, FL 34616 prior to 4:00 p.m. on August 5,
1996.
4.0 CALENDER OF EVENTS
A) Release Date of RFP
B) RFP Return date & time
C) Selection of top candidates
D) Agency visits
E) Staff recommendation due (agenda item)
F) City Commission Action
July 15, 1996
August 5, 1996
August 9, 1996
August 12 - 16, 1996
August 21, 1996
September 5, 1996
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61:91 9661-11-d3S
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5.0 SCOPE OF PROJECT
The goal of this RFP is to select an advertising agency of record for the City of
Clearwater. The ageucy will work on a project (not fee) basis, and be available for creative
services when needed.
The agcncy would be expected to be proficient in media research, planning and buying,
public relations consulting and execution, creative and production, marketing consultation,
and research. Creative projects include radiorrv commercials, direct mail and fuIfil1meot,
print advertising, literature and special promotions.
Contract Provisions:
Project basis without specified budget
Beginni"g October 1, 1996
Muimum of three (3) years with anmull reviews
Cancellation clause
6.0 INFORMATION AND DOCUMENTS TO BE SUBMI1TED
Each responding vendor will submit the following information and documentation:
· Brief background ~bout the company , including top management and current financial
report.
· Length of time in business.
· Structure of the Agency.
· Resumes and background/experience of all those who would be assigned to the account.
· Location of business. Please state if you have other accounts in Pinellas County and how
you would propose to service our site.
· Experience working with governmental agencies.
· Agency philosophy and service capabilities.
· Proposal for handling standard fees for the purchase of media services.
· Agency needs to provide information regarding capability, experience, background and
background for the following. Samples may be submitted.
1. Creation and production of advertisements and promotional media
2. Media research, buying and planning
3. Public relations consulting and execution
4. Marketing consultation
S. Direct mail and fulfillment
6. Promotions
7. Research
· Govermnent based rates per hour/per function
· Affiliations
· Are you representing another government agency that may be competing with the interests
of the City of Clearwater? If so, how will you resolve this?
· References (minimum of S)
· Sample contract
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7.0 INQUIRES AND ADDENDA
Each respondent shall e,camine all RFP documents and shall judge all matters relating to the
adequacy and accuracy of such documents. Any inquiries, suggestions, or requests
concerning interpretation, clarification, or additional information pertaining to the RFP sba1l be
made through the city of Clearwater's Purchasing Manager, George McKibben, at P.O. Box
4748, Clearwater, FL 34618-4748; or'loo S. Myrtle Avenue, Clearwater FL 34616; or FAX
562-4635.
The City shall not be responsible for oral interpretations given by any City employee,
representativ~ or others. The issuance of a written addendum is the only official method
whereby interpretation, clarification, or additional information can be given. If any addenda are
issued to this RFP, the City will attempt to notify all prospective vendors who have secured
same. However, it shall be the responsibility of each vendor, prior to submitting the
qualifications package, to contact the City of Clearwater's Purchasing Manager (813-562-4630)
to determine if addenda were issued and to make such addenda a part of RFP.
8.0 RESPONDER PREPARATION EXPENSES
Each responder preparing the proposal in response to this request sball bear all expenses
associated with their preparation. Responders shall prepare a response with the understanding
that no claims for reimbursement shall be submitted to the City for the expense or presentation.
9.0 SIGNATURE
Responders shall acknowledge by authorized signature that it has read and concurs and/or takes
exception as noted to the requirements listed in this RFP.
10.0 SELECflON CRITERIA
Selection sball be based on the following considerations with each item weighted according toithe percentage number:
1) Background & qualifications of company...................................................... 25%
2) Experience and Resumes of Team Members ..................................................25%
3) Hourly rates for Service ..................................................................................20%
4) Past experience with government accounts ................................................... 10%
5) Results of reference verifications....................................................................20%
The final selection will be made by a committee composed of one representatives from the Office
of Tourism, four representatives from the Information Management Department, one
representative from the City Manager's Office and one representative from the Finance
Department.
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11.0 STANDARD REQUIREMENTS FOR REQUESTS FOR PROPOSALS
Vendors must adhere to all requirements as stated on the attached form.
12.0 WRITIEN AGREEMENT/CONTRACf
Any party providing services or products to the City will be expected to enter into a written
agreement or contract with the City that incorporates all of the pertinent provisions relating to
insurance and insurance requirements as contained herein. A failure to do so may t at the sole
option of the City, disqualify any bidder or proposer of services and/or products to the City.
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EXHIBIT
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PEAK, BARR, PETRALIA, BIETY, INC.
HOURLY CHARGES
CREATTVEDEVELOPMENTWRODUCT10N
Concept and Copywriting
Design
Broadcast Production
Computer Creative Services
Computer Production Services
Computer Typography
Print Production Supervision
ACCOUNT SERVICE
President and Vice President
Account Supervisor
RESEARCH
Analyst
Assistant Analyst
GENERAL ADMINISTRATIVE TIME
MEDIA SERVICES *
TRA VEL TIME (on behalf of client)
*
If not covered by media commission.
HOURLY
RATE
$ 85
$85
$85
$85
$85
$85
$55
$85
$75
$65
$45
$45
$70
Half of the
billable rate
January I, 1996